Malpractice and Other Civil Liability in Psychedelic Psychiatry
Psychiatric Services 2023 DOI: 10.1176/appi.ps.20220528 (opens in new tab)
Study at a glance
AI-extracted from the abstract| Characteristics | Review Peer reviewed |
|---|---|
| Topics | Anxiety |
| Keywords | Malpractice Harm Legal liability Doctrine Emotional distress Law |
| Citations | 7 |
| Key findings | Psychedelics pose unique legal risks for psychiatrists, including malpractice issues and potential civil claims such as battery and infliction of emotional distress. |
Abstract
Psychedelics have the ability to fundamentally alter the consciousness of individuals who take them and thus pose unique legal risks for psychiatrists interested in incorporating them into their practice. Several issues related to malpractice may be relevant, including absence of standards of care, risk of harm, inappropriate treatment, and the doctrine of respondeat superior. In addition to malpractice, psychiatrists should be aware of other potential civil claims, including battery and the intentional or negligent infliction of emotional distress. Before providing psychedelic treatments to patients, psychiatrists should understand and mitigate their risk of malpractice and other civil claims.
Comparable studies
Other narrative reviews on anxiety, most cited first.
| Study | Year | Design | Participants |
|---|---|---|---|
| Mindfulness-based interventions: an overall review General (healthcare, schools, workplace) | 2021 | Review | |
| A Consensus Statement on the Use of Ketamine in the Treatment of Mood Disorders | 2017 | Review and consensus statement | |
| Sudarshan Kriya Yogic Breathing in the Treatment of Stress, Anxiety, and Depression: Part II—Clinical Applications and Guidelines | 2005 | Review | |
| Mindfulness Meditation and Psychopathology | 2018 | Review | |
| Management of Treatment-Resistant Depression: Challenges and Strategies | 2020 | Review |
Citations in the library
Cited by 6
- On Minimizing Risk and Harm in the Use of Psychedelics. Psychiatric Research and Clinical Practice February 11, 2025
- Ethical issues with psychedelic-assisted treatments in psychiatry: A systematic scoping review Psychological Medicine 2025
- Review of Psilocybin Use for Depression among Cancer Patients after Approval in Oregon Cancers April 27, 2024
- A taxonomy of regulatory and policy matters relevant to psychedelic-assisted therapy in Australia Australian & New Zealand Journal of Psychiatry April 16, 2024
- Psychedelic Treatment with Psilocybin: Addressing Medical Malpractice Risk and Physicians’ Concerns The Journal of Law, Medicine & Ethics 2025
and 1 more in the library
Cites 7
- Trial of Psilocybin versus Escitalopram for Depression New England Journal of Medicine April 14, 2021
- Human hallucinogen research: guidelines for safety. Journal of Psychopharmacology July 1, 2008
- Psilocybin occasioned mystical-type experiences: immediate and persisting dose-related effects. Psychopharmacology December 1, 2011
- Percentage of Heavy Drinking Days Following Psilocybin-Assisted Psychotherapy vs Placebo in the Treatment of Adult Patients With Alcohol Use Disorder JAMA Psychiatry August 24, 2022
- Global Street Food: la cocina de la calle Diseño interior 2009
and 2 more in the library